My husband was arrested almost 3yrs ago for his 3rd DWI, he was given 7 years probation, 3 1/2 years with an interlock system, 240 hours community service. We moved from the sentancing county and started over. Since that time he has complied with the interlock and completed the community hours. However, he has had several alcohol fails in the interlock report throughout the almost 3 years he has had it. Most of which are debateable I think because it would pass him a few minutes later. We have had to have it serviced several times for locking us out for no reason they could find. My concern now is that because of this history with the interlock this last report shows 1 fail, 1 bypass, and 1 service but again passed the system within the next hour. Since this will probably be the final straw with the transfer probation officer in this county, what are we looking at. Could he potentially be transferred back to the sentancing county for good? Is this considered a probation violation? If so then is he looking at serving time for this now? Are there any other options rather than jail? I am eight months pregnant and cannot support myself and a newborn on my income alone.
1 Answer from Attorneys
Get a lawyer who will conference with his APO on the status of the probation. It is the decision of the originating APO if he will be violated. The currrent county is courtesy supervision only. The track record on probation is not terrible, especially if the service documents are valid. Since it is his 3rd DWI, though, he will be closely scrutinized. An attorney may be able to get probation intensified or extended, without a violation. Better to address it before it gets to that point.
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